TERMS AND CONDITIONS

By making any submission in connection with the BHSCreative Challenge, in recognition of the reliance by Bal Harbour Shops and any affiliate thereof (“BHS”) on this statement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the submitting party (the “submitting party” or “I” or “me”), on my behalf and my successors and assigns, agrees that each and every submission by me of any illustration, plan, document, instrument of services, other instrument, drawing or other intellectual property, including graphic and pictorial representations and any electronic form (“IP”) is subject to all of the following, as of the time of submission:

1. I hereby assign, transfer, convey to BHS any and all right, title and interest in and to all IP, including without limitation, all proprietary rights which I may have in the IP, whether prepared by me or others, including all common law, statutory, copyright and other rights.
2. I understand that all IP must originate from my own creative process, including, but not limited to, conceptualization, composition, and execution; that the use of digital tools is permitted, but may not be used to automate creative decisions or generate artistic content; and I represent that I created the IP entirely without the use of Artificial Intelligence.
3. Prior to the assignment hereof, I was the sole and exclusive owner of all IP, free and clear of all liens, claims and encumbrances. All IP is my own work, and does not infringe on the copyright, trademark, intellectual property or other rights of any third party.
4. I acknowledge the validity of and BHS’ ownership of and title to all IP, and I shall not do or suffer to be done any act or thing that will impair the rights of BHS in and to the IP. I shall not acquire and shall not claim any title or any other proprietary right to any of the IP or any goodwill associated therewith.
5. I understand that any re-use of the IP by me (except for my personal or other strictly non-commercial purposes, such as part of my portfolio or other promotional materials for my own marketing efforts) or others without BHS’ prior express written consent is strictly prohibited.
6. If my IP is not the winner or a finalist of this BHSCreative Challenge as announced by BHS to the general public (“Announcement”), then as of the time of such Announcement, the assignment and other Terms and Conditions provided herein shall become null and void. In the event I’m a finalist of this BHSCreative Challenge, the assignment and other Terms and Conditions provided herein shall become null and void, except for BHS’s right to use my IP on any BHS branded editorial channels after the Announcement. All such Terms and Conditions shall continue to apply to the winning submission after the Announcement.